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BACK TO SCHOOL STAFF INSERVICE WESTERN PIEDMONT EDUCATION CONSORTIUM AUGUST 2007 M. Jane Turner, Esq. Duff, White Tu

I.Daily Decision-Making . A. Sources of Authority . Statutes Regulations District policies and procedures School rules and practices. B. Personal Judgment . ask before you acttrainingmaintaining composurefly on the wall" rule . II.Responsibilities Toward Students . A. Student disc

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BACK TO SCHOOL STAFF INSERVICE WESTERN PIEDMONT EDUCATION CONSORTIUM AUGUST 2007 M. Jane Turner, Esq. Duff, White Tu

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    1. BACK TO SCHOOL STAFF INSERVICE WESTERN PIEDMONT EDUCATION CONSORTIUM AUGUST 2007   M. Jane Turner, Esq. Duff, White & Turner, L.L.C.

    2. I. Daily Decision-Making

    4. B. Personal Judgment ask before you act training maintaining composure “fly on the wall” rule

    5. II.   Responsibilities Toward Students

    6. A. Student discipline issues

    7. 1. corporal punishment/use of force district policy usually requires that an administrator carry out the corporal punishment, with a witness

    8. includes any use of force for disciplinary reasons improper use of force can result in disciplinary action and criminal charges

    9. 2. intervening in physical altercations district or school should have policy that applies to all staff

    10. liability issues arise for trying to intervene as often as for failing to intervene training on appropriate intervention/restraint techniques should be required

    11. 3. student searches governed by 4th Amendment of U.S. Constitution, Supreme Court case of New Jersey v. TLO, and state law, S.C. Code Ann. § 59-63-1110 et seq.

    12. all searches to be conducted by an administrator who has had training

    13. person or possession searches must be based on individualized suspicion and must be “justified at the inception,” as well as “reasonably related in scope”

    14. random searches may be conducted of school-issued property, such as lockers and desks

    15. B. Student supervision issues

    16. 1. classroom/instructional settings

    18. know general rules for use of equipment report suspected equipment problems

    19. 3. computer access duty to prevent students from accessing inappropriate content use of blocking software may not be sufficient

    20. duty includes authorized use of computers by students as well as unauthorized access, such as to a teacher’s computer

    21. C. Matters required to be reported and/or addressed

    22. 1. abuse and neglect

    23. state law, S.C. Code Ann. § 20-7-510, requires teachers to report when receive information in professional capacity

    24. that causes reason to believe a child has been or may be abused or neglected

    25. reports are to be made, or must assure are made, by the teacher who receives the information criminal violation if fail to report

    26. reports to be made to Social Services if suspected perpetrator is a family member or caretaker, otherwise to law enforcement

    27. 2. bullying/intimidation/ general harassment

    28. state law, S.C. Code Ann. § 59-63-110, et seq., prohibits harassment, intimidation and bullying of public school students

    29. includes gestures, communications or acts, reasonable perceived to have the effect of harming a student, damaging property,

    30. or placing a student in fear of the harm or the damage, or causing substantial interference or disruption

    31. any student, employee or volunteer who witnesses or has reliable information about an act “shall” report to an appropriate school official

    32. district is required to have a policy and educate students and staff, as well as effectively address reported acts

    33. 3. sexual harassment sexual harassment is a form of sex discrimination prohibited under Title IX of the federal Civil Rights Act

    34. covers conduct toward peers, toward subordinates and toward students

    35. one of two types: quid pro quo and hostile environment district must have a policy to educate students and staff, and effectively address reported acts

    36. employees who observe or learn about sexual harassment of a student are expected to alert an administrator, even if the victim does not complain

    37. D. Limitations on instructional/ discussion topics

    38. 1. health/sex education

    39. State law, S.C. Code Ann. § 59-32-10 et seq., specifies certain topics that may not be discussed, as well as the manner in which other topics may be discussed

    40. Only teachers assigned to teach health education should discuss sex education topics with students, and only to the extent within the district’s approved curriculum

    41. 2. religion the bible may be discussed from a literary or historical perspective

    42. comparative religion courses may be taught avoid discussing personal beliefs with students, and avoid asking students to reveal/discuss personal beliefs

    43. III. Student Rights and Responsibilities

    44. A. Free speech/liberty interest issues

    45. 1. general dress codes liberty interest follow district/school policy must be reasonably related to student health/ welfare

    46. 2. apparel that conveys a message free speech issue can prohibit messages promoting disallowed conduct

    47. can prohibit if substantial disruption results or is likely to result

    48. 3. censorship of speeches/ written materials viewpoint neutrality, consistent with directions may preview speeches, newspaper articles, etc.

    49. 4. internet activities control of use of school computer off school activities may be addressed if threatening or disruptive

    50. B. Free exercise of religion issues

    51. 1. own-time activities prayer bible reading religious apparel written assignments/art work

    52. 2. group activities bible study/prayer clubs musical performances

    53. IV. Teacher/Staff Responsibilities

    54. A. Towards students

    55. 1. relationships with students notes/messages/calls/gifts after hours activities

    56. transporting students involvement with personal/family issues

    57. 2. confidentiality of student information ‘need to know’ issues non-custodial parent issues release of records

    58. B. Personal conduct

    59. 1. standards of professional conduct criminal conduct misuse of drugs/alcohol dishonesty conduct in personal life

    60. 2. use of district equipment/materials/time acceptable use policies Ethics Act requirements

    61. 3. test security training/policy requirements penalties

    62. 4. contractual obligations maintaining certification contract levels/ADEPT requirements resignations

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